GLM INFRATECH PRIVATE LIMITED filed a consumer case on 21 Aug 2024 against VARUN SHARMA SON OF SHRI RAVINDER SHARMA in the StateCommission Consumer Court. The case no is RP/78/2023 and the judgment uploaded on 21 Aug 2024.
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
HARYANA PANCHKULA
Date of Institution: 27.10.2023
Date of hearing: 21.08.2024
Date of pronouncement: 21.08.2024
Revision Petition No.78 of 2023
.….Revisionists
Versus
Varun Sharma S/o Sh. Ravinder Sharma, R/o H.No. 634, Sector-25, Panchkula, through father Sh. Ravinder Sharma, being his authorized signatory.
….Respondent
CORAM: Mr. Naresh Katyal, Judicial Member.
Mr. S.C. Kaushik, Member.
Present:- Mr. Himanshu Singh, counsel for revisionists.
Mr. Ravinder Sharma, father of respondent in person.
O R D E R
PER: NARESH KATYAL, JUDICIAL MEMBER:
Delay of 287 days in filing of this revision petition stands condoned for the reasons stated in application for condonation of delay and accompanying affidavit.
2. In this revision petition; petitioners have challenged order dated 07.10.2022 passed by learned District Consumer Disputes Redressal Commission-Panchkula vide which revisionists/OPs No. 1 to 3 were proceeded against ex-parte.
3. Feeling dissatisfied, this revision petition has been filed.
4. Learned counsel for revisionists and Sh. Ravinder Sharma-father of complainant have been heard.
5. On subjectively and critically analyzing rival contentions of both the parties this Commission is of opinion that no prejudice would be caused to complainant (Sh. Varun Sharma) in case revisionists are allowed to join proceedings of complaint case and granted liberty to tender its defence/written version. This Commission is conscious of well settled legal adage that: it is no more res-integra by now that all procedural laws are meant to sub-serve the cause of justice and not to defeat the same and technicalities should not come in front of imparting substantial justice to parties by deciding their lis on merits. Further, in process of justice dispensation, every litigant must be afforded adequate opportunity to put forward his/her/its case in a meaningful manner. In case titled as Rajeev Hitendra Pathak & Ors. Vs. Achyut Kashinath Karekar & Another, Civil Appeal No. 4307 of 2007 AND case titled as M.O.H. Lathers Vs. United Commercial Bank Civil Appeal No.8155 of 2001 both decided on 19.08.2011 reported in 2011 (4) PLR 274; Hon’ble Apex Court has held that: “State Commission or District Consumer Forum do not have power to set aside their own ex-parte order nor they have power to review their own orders. This power vests in National Commission only by Section 22 (A) of the Act.” It would legally imply that ex-parte order passed by learned District Consumer Commission can be legally assailed by filing revision petition before this Commission.
6. In view of above, this revision petition is allowed and impugned order dated 07.10.2022 passed by learned District Consumer Commission-Panchkula in Complaint Case No. 261 of 2022 titled Varun Sharma Vs. GLM Infratech Pvt. Ltd. and others is hereby set aside. Revisionists-OPs in Complaint Case No. 261 of 2022 would now appear before learned District Consumer Commission-Panchkula on 30.08.2024, either through its authorized representative or through counsel and would tender its defence/written version on same day (30.08.2024). It would however, be subject to payment of cost of Rs.10,000/- to be deposited by revisionists and to be paid to complainant-Varun Sharma. Payment of cost amount of Rs.10,000/- would be the condition precedent for tendering defence/written version by revisionists. Thereafter, learned District Consumer Commission-Panchkula would proceed in the complaint, as per law and would endeavour to dispose of the complaint, as expeditiously as possible.
7. A copy of this order be provided to all parties, free of cost as mandated by the Consumer Protection Act, 2019. This order be also uploaded forthwith on website of this Commission for perusal of parties.
8. File be consigned to record room.
Pronounced on 21st August, 2024.
S.C. Kaushik Naresh Katyal Member Judicial Member
Addl. Bench Addl. Bench
D.K.
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